President William Ruto had appointed a tribunal to investigate the IEBC vice chairperson, Juliana Cherera, Justus Nyangaya, Francis Wanderi and Irene Masit over their conduct during the August 9 polls. This move by the president has solicit different reaction from different politicians. The opposition leader, Raila Odinga, opposed the directive, arguing that Ruto was using his state powers to settle scores.
According to the head of state, "The mandate of the Tribunal shall be to consider the petition for the removal of Juliana Cherera, Francis Mathenge Wanderi, Irene Cherop Masit and Justus Abonyo Nyang'aya from office as members of IEBC and to inquire into the allegations therein,"
According to the Constitution, the tribunal must act expeditiously and table a report to the president who will act on its recommendations within 30 days. However, the four commissioners will still gain even if they are dismiss by the head of state. The report indicates that they will not lose their pension benefits even in the case of dismissal.
This is due to a landmark court ruling by Employment and Labor Relations Court. The court in its ruling stated, “To deny dismissed employees their benefits contravenes Articles 41(1) and (2)(b) on fair labor practices and working conditions.”
The court further ruled, “Entitlement to pension, gratuity or any social benefit is a right to property within the meaning of Article 40 of the Constitution.”This means that Cherera and the other commissioners will enjoy millions in gratuity payment should they resign or get fired.
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